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Arbitration Act 1940 - Law Dictionary Search Results

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Award

23 (1A)] Award includes part of the award, K.K. John v. State of Goa, (2003) 8 SCC 193. [Arbitration Act, 1940, s. 16(3)] The expression 'award' is used in the sense of 'give' or 'giving' and not in any

Reference

amended and consolidated the law of references. See also ARBITRATION. The expression 'reference' in s. 2(e) of the Arbitration Act, 1940, is an actual reference made jointly by the parties after disputes have arisen between them referring the said

Umpire

decide a controversy or question submitted to arbitrators in case of their disagreement, AIR 1966 MP 177 (182). (Arbitration Act, 1940, s. 9) Umpire, is a person who is to decide upon disagree-ment, Louis, Dreyfus & Co. v. Human

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In a reference

In a reference, The phrase 'in a reference' in s. 31(4) of the Arbitration Act, 1940, is comprehensive enough to cover an application first made after the arbitration is completed and a final award … 14 of the Act, Kumbha Mawaji v. Union of India AIR 1953 SC 313 (318): (1953) SCR 878 [Arbitration Act, 1940, s. 31(4) and 34]

In respect of any matter be referred to the arbitra-tion

the phrase 'in respect of any matter agreed to be referred to the arbitration' in s. 3 of Arbitration Act, 1940 cannot be narrowly construed as covering only the disputes or claims on merits which have been referred to

Notice

or informal notice, Nilkanta Sidramappa Ningashetti v. Kashinath Somanna Ningashetti, AIR 1962 SC 666: (1962) 2 SCR 557. [Arbitration Act, 1940, s. 14(2)] Notice the word 'notice' denotes merely an intimation to the party concerned of a particular fact.

Misconduct

to serve, M.M. Malhotra v. Union of India, AIR 2006 SC 80. Misconduct under s. 30(a) of the Arbitration Act, 1940 has not a connotation of moral lapse. It comprises legal misconduct which is complete if the Arbitrator on … and fair decision, K.P. Poulose v. State of Kerala, AIR 1975 SC 1259 (1261): (1975) 2 SCC 236. [Arbitration Act, 1940, s. 30(9)] (ii) If a servant conducts himself in a way inconsistent with due and faithful discharge of

Taking any other step in the proceeding

v. Yadav Engineer & Contractor, AIR 1982 SC 1302 (1309): (1982) 2 SCC 499: (1983) 1 SCR 95. (Arbitration Act, 1940, s. 34)

Without prejudice

arbitration clause, Tarapore and Co. v. Cochin Shipyard Ltd., AIR 1984 SC 1072 (1087): (1984) 2 SCC 680. (Arbitration Act, 1940, ss. 33, 30) Means 'where an offer or admission is made without prejudice', or a motion is denied

Bias

bias, Secy to Govt., Transport Deptt. v. Munuswany Mudaliar, 1988 Supp SCC 651: AIR 1988 SC 2232 (2234). [Arbitration Act (10 of 1940)] A predisposition to decide for or against one party, without proper regard to the true

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